Search form

Featured Topics

Protecting rights and facilitating stable relationships among federal agencies, labor organizations, and employees while advancing an effective and efficient government through the administration of the Federal Service Labor-Management Relations Statute.

4 FLRA No. 34
SERVICE EMPLOYEES'
INTERNATIONAL UNION,
AFL-CIO, LOCAL 556
(Union)
and
HEADQUARTERS, 15TH AIR
BASE WING (PACAF),
HICKAM AIR FORCE BASE,
HAWAII
(Activity)
Case No. 0-NG-359
ORDER DISMISSING PETITION FOR REVIEW
THIS MATTER COMES BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY
PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101 ET SEQ. (SUPP.
II(1978)).
THE RECORD IN THIS CASE INDICATES THAT DURING NEGOTIATIONS BETWEEN
THE ACTIVITY AND THE UNION, THE ACTIVITY ALLEGED THAT A UNION PROPOSAL
CONCERNING REDUCTION-IN-FORCE PROCEDURES WAS INCONSISTENT WITH A
DEPARTMENT OF THE AIR FORCE REGULATION AND, IN EFFECT, THAT THE DUTY TO
BARGAIN THEREFORE DID NOT EXTEND TO THE PROPOSAL. THE UNION SOUGHT THE
AUTHORITY'S DETERMINATION, PURSUANT TO SECTION 7117(A)(2) OF THE STATUTE
AND SECTION 2424.11 OF THE AUTHORITY'S RULES OF PROCEDURE (5 CFR
2424.11(1980)), AS TO WHETHER A COMPELLING NEED EXISTS FOR THE AGENCY
REGULATION IN QUESTION. SUBSEQUENTLY, IN ITS STATEMENT FILED PURSUANT
TO SECTION 2424.6 OF THE RULES (5 CFR 2424.6(1980)), THE AGENCY, IN
EFFECT, WITHDREW THE ACTIVITY'S ALLEGATION OF NONNEGOTIABILITY.
SINCE THE AGENCY HAS WITHDRAWN THE ALLEGATION CONCERNING THE UNION'S
PROPOSAL, THERE IS NO LONGER AN ISSUE AS TO WHETHER THE PROPOSAL IN THIS
CASE IS WITHIN THE PARTIES' DUTY TO BARGAIN UNDER THE STATUTE. THE
DISPUTE INVOLVED IN THE UNION'S APPEAL THEREFORE HAS BEEN RENDERED MOOT.
ACCORDINGLY,
IT IS HEREBY ORDERED THAT THE UNION'S PETITION FOR REVIEW HEREIN BE,
AND IT HEREBY IS, DISMISSED.
FOR THE AUTHORITY.
ISSUED, WASHINGTON, D.C., SEPTEMBER 19, 1980
HAROLD D. KESSLER, ACTING EXECUTIVE DIRECTOR
CERTIFICATE OF SERVICE
A COPY OF THE AUTHORITY'S ORDER DATED SEPTEMBER 19, 1980, IN THE
INSTANT CASE, SENT TO THE FOLLOWING:
MR. LAURENCE R. AH NEE, SR.
PRESIDENT, LOCAL 556
SERVICE EMPLOYEES' INTERNATIONAL
UNION, AFL-CIO
666 KOHOU STREET, ROOM 201
HONOLULU, HAWAII 96817
MR. DAVID H. GREEN, DIRECTOR
LABOR-MANAGEMENT RELATIONS
DEPARTMENT OF DEFENSE
OASD (MRA&L)
ROOM 3D264, THE PENTAGON
WASHINGTON, D.C. 20301
MR. DON A. DRESSER, CHIEF
LABOR RELATIONS DIVISION
DIRECTORATE OF CIVILIAN PERSONNEL
DEPARTMENT OF THE AIR FORCE
WASHINGTON, D.C. 20330